PERJANJIAN PERDAMAIAN SEBAGAI LANGKAH RESTRUKTURISASI HUTANG DALAM PKPU.

Anwar, Imam Ghazali; Mubarak, Hanif Hasyimawan; Suryanti, Nyulistiowati; Yuanitasari, Deviana

The process of delaying debt payment obligations is considered as a way to minimize the occurrence of bankruptcy for debtors who cannot pay their debts in the future. In PKPU, a peace plan can be proposed or submitted by the debtor if creditors will bring legal consequences in the form of ending the PKPU after the Endorsement of the Peace has obtained permanent legal force. Based on decision number 176/Pdt.SusPKPU/2022/PN.Niaga.Jkt.Pst regarding the PKPU case between PT. International Anugerah Pratama success for PT. Estika Tata Tiara, Tbk as a PKPU respondent, the peace plan has been implemented through a voting meeting attended by 1 (one) Separatist Creditor and 138 (one hundred and three eight) Concurrent Creditors. This study implemented normative legal research methods with statutory and case approaches. The results of the study are as follows: First, in PKPU, rescheduling is the most common. The parties can freely determine the contents of the peace plan based on the principle of freedom of contract. A settlement agreement (homologation) ratified by a court legally binds the debtor and creditor. Second, the legal consequences of the a quo decision, namely the condition of the debtor's assets after the settlement decision is passed by the court (homologation) returns to normal, because the curator who manages the debtor's assets together with the debtor is obliged to return all of the debtor's assets, as stipulated in Article 167 paragraph 2 UUK-PKPU. Third, the Judge's considerations in the a quo decision are in accordance with the provisions of Article 281 paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt in assessing the voting results for the approval of the peace plan.

DEBTOR & creditor; LEGAL research; LEGAL settlement; JUDGES; BANKRUPTCY

Journal of Comprehensive Science (JCS), 2023, Vol 2, Issue 6, p1834

2962-4738

Academic Journal

10.59188/jcs.v2i6.406